Barbara suffered injuries to her hands, but survived.
Her tablet - and evidence on it, survived, too.
Derek Bowie was not taken off the case by the Delaware County Sheriff and was allowed to file criminal complaints against Barbara and her daughter Alecia, for "resisting arrest" - even though no arrest from a criminal court was issued at the time when Bowie intentionally backed the car into Barbara.
Without disclosure until January of 2016, John Hubbard who prosecuted both criminal cases, against Barbara and Alecia - and who is running unopposed for the position of Delaware County District Attorney in this year's elections - was the former law partner of the judge who Barbara O'Sullivan criticized and sued, and who retaliated by taking custody of her grandchild without disclosure of his own disqualifying conflicts of interests that came out after he recused from the case without vacating his orders.
Derek Bowie was sued by a his former girlfriend for assault and physical injuries - and the girlfriend looked surprisingly like Barbara, raising issues whether Derek Bowie saw one woman when assaulting the other, and raising issues as to Derek Bowie's mental health.
After Barbara sued Bowie in Delaware County Supreme Court, Delaware County let Derek Bowie go, but provided to him legal representation in that lawsuit at the County taxpayers' expense, he is represented in that lawsuit by the Frank Miller law firm - they found no law firm closer to represent the County, so the hourly rate of that law firm that is paid by the County's insurance company - which raises premiums for the local taxpayers - includes travel to each conference of Judge Lambert (and Judge Lambert loves to schedule conferences)
In the lawsuit of Derek Bowie's girlfriend in federal court, it was revealed that Derek Bowie did not satisfy:
- Education requirement;
- Civil service test; or
- Residency requirement (he lived in Broome County at the time of events, and could not legitimately claim that he was a Delaware County Deputy Sheriff).
- undo the default;
- dismiss Barbara O'Sullivan meritorious lawsuit; and
- now pressures Barbara O'Sullivan to save Derek Bowie's and his attorney's asses for continuing with a frivolous counter-claim against Barbara O'Sullivan which they don't know what to do with after the criminal case upon which the counter-claim was based was dismissed and sealed - guess by whom? - by Judge John F. Lambert. The pressure is for Barbara O'Sullivan to "stipulate" (agree) to discontinuance of the counter-claim - instead of dismissing that counter-claim as FRIVOLOUS, with sanctions imposed upon both Derek Bowie and his attorneys, which is Judge Lambert "discretion" and duty to do.
- because Derek Bowie's employer the Delaware County Sheriff (the one that served Derek Bowie with the lawsuit in exchange for payment from Barbara to its Civil Service Division) was not notified of the lawsuit, the default must be vacated.
- was not immediately fired or put on desk duty;
- was allowed to continue to
- came to arrest Barbara O'Sullivan using his own fabricated the false arrest warrant
- If Bowie was able to handle a car, a taser and a gun within two days after the alleged attack, he was not seriously injured.
- Since he was not legally hired, he was not a lawful Delaware County Sheriff's Deputy, and had no right to be on Barbara's property in the pitch-dark night of September 18, 2014 when he attempted her arrest on
- fabricated charges;
- on a rubber-stamped false warrant, and;
- Since Derek Bowie was not a lawful deputy Sheriff, and was disqualified to file criminal charges against Barbara O'Sullivan in his official capacity because of his prior assault on Barbara O'Sullivan, the criminal charges were void to begin with;
- Since the arrest warrant was not legal (as Judge Lambert ruled in February of 2016, dismissing Barbara's criminal felony case), under New York law, Barbara had a right to resist an unlawful arrest with deadly force if necessary - and there is evidence in the case that she made sure that the dog would not come out, and that the dog came out by accident;
- It was Derek Bowie who obtained the arrest warrant rubber-stamped by Delhi Town Court clerk Kathy Fletcher and not signed by the Delhi Town Judge Richard Gumo who, on the day the warrant was "signed" (rubber-stamped) was far away from Delhi, New York, testifying as to his prior misconduct in front of the New York State Commission for Judicial Conduct.
Derek Bowie testified in Alecia Bracci's criminal trial (resulting in acquittal) in February of 2016 in Delhi Town Court, that he was never even contacted by his alleged attorneys, the Frank Miller law firm.
Mark Oursler, Judge Lambert's Court attorney claimed that Frank Miller represents Derek Bowie as a private law firm representing a private party, not as a law firm hired by an insurance company to represent a public official.
Yet, Judge Lambert reopened Derek Bowie's default as a private party because his attorneys argued there was no notice upon his employer - which presupposes that Delaware County is being sued.
And, the court system lists the defendant in O'Sullivan v Bowie as the Delaware County (Derek Bowie, the DC Sheriff) - while the judge's law clerk claims it is against a private party.
What a mess!
By the way, the Delaware County, in an answer to a FOIL request, claimed that the Frank Miller law firm was hired by Delaware County for Derek Bowie.
Mark Oursler, and Judge Lambert, appears either not to know the case at all (which I doubt, since he handled not only the civil case, but also the dismissed and sealed criminal case underlying Bowie's counterclaim).
Or, Mark Oursler and Judge Lambert is shamelessly advocating for Derek Bowie - and that is especially so that Mark Oursler claimed to Barbara O'Sullivan in the conference of October 28, 2016 that it is Judge Lambert who "seeks" and "expects" a stipulation on the counter-claim from the parties.
Talking like that to a pro se non-lawyer party is inducing that party into a settlement and giving her an impression that if a judge "expects" something, it is an order from the court, and she must obey and stipulate.
Yet, Barbara O'Sullivan do not have to stipulate to a damned thing.
It is upon Derek Bowie's part to prosecute or not prosecute the frivolous claim, and Barbara O'Sullivan is entitled to a jury trial in that case, can hire an attorney for that trial, can resoundingly win that trial, and apply for attorney fees for frivolous conduct against Derek Bowie - and that is what Mark Oursler and Judge Lambert are trying to save Bowie from.
As to Frank Miller's law firm - litigants, beware.
These lawyers are unscrupulous, and have some high protection allowing them to file strings of frivolous pleadings from judges, as O'Sullivan v Bowie case clearly shows.
If you are on the other side of them, be prepared to fight frivolous pleadings.
If you are represented by them, be aware that at some point the "luck" with judges may run out, and an impartial judge may actually apply the law and sanction the lawyers - and their client, and make the client pay the opposing counsel legal fees, for frivolous conduct.
Barbara can, infact, insist on dismissal of the counter-claim as frivolous, with sanctions against Bowie and his lawyers.
And, I cannot wait to see the federal lawsuit she files against Derek Bowie. It is a slam-dunk case for her, with all the documentary evidence available - from
- Judge Lambert's adjudication of Judge Gumo's illegal arrest to
- Derek Bowie's deposition in the lawsuit by his girlfriend to
- Judge Gumo's deposition in front of NYS Commission of Judicial Conduct, to the whole sorry record of O'Sullivan v Bowie, lamely fixed by Judge Lambert.
As to Judge Lambert, as I said above, he needs to be criminally prosecuted and taken off the bench for his shenanigans. Let's see if that happens.
Maybe, it will - who knows.
At this very time, the State of Tennessee, for example, does prosecute a judge for official misconduct on the bench. New York may wake up and do that next to Tennessee. The world is changing fast.
When a male judge and a male court attorney for the judge bend over backwards, violating every applicable law in the book, to protect a former County police officer who does THIS to one woman (picture submitted by Derek Bowie's girlfriend in the federal case against Derek Bowie)
and continues to commit violence to another - lookalike - woman - and, upon my information, remains a police officer in Deposit, NY, armed and dangerous, and on the streets - that really, really, really stinks.